Teall v. . Felton
New York Court of Appeals
On error from the supreme court. Mary C. Felton, by her next friend Citarles T. Hicks, sued William W. Teall in a justice’s court, and declared in trover for converting one newspaper called the Michigan Expositor, of the value of six cents, and one newspaper wrapper of the value of six cents. The defendant pleaded the general issue, and the cause was tried by a jury.
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On error from the supreme court. Mary C. Felton, by her next friend Citarles T. Hicks, sued William W. Teall in a justice’s court, and declared in trover for converting one newspaper called the Michigan Expositor, of the value of six cents, and one newspaper wrapper of the value of six cents. The defendant pleaded the general issue, and the cause was tried by a jury. On the trial it appeared that the defendant was postmaster at the city of Syracuse; that the newspaper mentioned in the declaration came to that post office and was put into the box of Mr. Hicks, who demanded it of the postmaster…
1Opinion of the CourtWright, J.
The first point taken by the plaintiff in error is, that if any action could be maintained against him, the defendant in error had not the choice of a fofum, as the jurisdiction of the courts of the United States, in a case of this character, is exclusive. If this proposition be true, it is quite unnecessary for the plaintiff in error to come here to ask us to reverse the judgment, for it is utterly void.
This is undoubtedly a question of grave importance ; for if the plaintiff in error be right, the'slate courts have been wrong ever since the adoption of the constitution of the United States;…
2Cases cited1 opinion
- Weaver v. DevendorfNew York Supreme Court · 1846
3Cited by19 opinions
- Raynsford v. PhelpsMichigan Supreme Court · 1880
- Bowles v. Barde Steel Co.Oregon Supreme Court · 1945
- Haines v. Lone Star Shipbuilding Co.Supreme Court of Pennsylvania · 1920
- Valentine v. City of EnglewoodSupreme Court of New Jersey · 1908
- De Wolf v. LawsonWisconsin Supreme Court · 1884
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